[HISTORY: Adopted by the Town Board of the Town of Elma as
indicated in article histories. Amendments noted where applicable.]
[Adopted 11-20-1991 by L.L. No. 2-1991]
A.Â
A refuse fee shall be paid by all residential property owners where
a home has been constructed. Said fee will be assessed on a per-unit
basis in the following manner: property owners age 65 and over, one
unit; single-family home, two units; two-family home, three units;
and multiple dwellings, one unit per apartment. Said fees will be
due and payable on the county tax bill. The Town Board will have the
authority to collect said charges that remain unpaid after the due
date of the county tax bill.
B.Â
The amount to be charged as a refuse fee, pursuant to this section,
shall be determined from time to time by resolution of the Town Board.
[Adopted 8-5-1992]
Whereas the reduction, reuse and recycling of solid waste are
important public concerns and will aid in the protection and preservation
of the environment; and whereas the Solid Waste Management Act of
1988[1] mandates passage of a source-separation ordinance to be
passed by each local municipality within New York State by September
1, 1992, to require that solid waste shall be separated into recyclable,
reusable or other components for which economic markets for alternate
uses exist; now, therefore, be it resolved that the Town of Elma establishes
mandatory recycling within this municipality.
[1]
Editor's Note: See General Municipal Law § 120-aa,
Subdivision 2a.
Unless otherwise stated expressly, the following words and expressions,
where used in this article, shall have the meanings described to them
by this section:
A person, employee or employer or agent thereof authorized
by contract or license with the Town of Elma to collect solid waste
from residential, commercial and institutional properties as herein
defined under the terms and conditions of this article.
Lead-acid batteries, each with a capacity of six or more
volts which contain lead and sulfuric acid and which are used as a
power source in a motor vehicle. "Batteries" are hazardous waste.
Large items such as sofas, upholstered chairs, mattresses
and box springs, but excluding white goods.
Metal cans made of tin, aluminum or other ferrous or nonferrous
or composite cans and containers used for food or beverages. All metal
"cans" shall be rinsed of contaminants but labels need not be removed.
Wood-pulp-based material which is usually smooth on both
sides with a corrugated center. It shall also mean box, board or paperboard
having the same material and characteristics as cardboard, but without
a corrugated center. It shall not mean wax-coated or glossy or soiled
cardboard.
Any person who picks up solid waste and transports that solid
waste for hire to a solid waste disposal facility, recycling center
or transfer station for recycling or disposal.
Any residence which is not covered in "residential property" or which is defined in the Elma ordinances, § 144-72A(2) through (17) and § 144-72B.
Solid waste generated by stores, offices, institutions, restaurants,
warehouses and nonmanufacturing activities at industrial facilities.
Waste resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
include but are not limited to roofing materials, bricks, concrete
and other masonry materials, soil, rock, lumber, road spoils, paving
material and tree or brush stumps.
Shall be appointed by the Town Board to effect the provisions
of this article and shall be fully responsible for effecting measures
to carry out the intent of the law.
All clear (flint), green and brown (amber) colored glass
containers. It shall not mean mirrors, auto glass, milk-white glass,
window glass, light bulbs, cookware, pyrex, crystal or ceramics.
Waste as defined in § 27-0903 of the Environmental
Conservation Law; source, special nuclear or by-product material as
defined in the United States Atomic Energy Act of 1954; and low-level
radioactive waste as defined in § 29-0101 of the Environmental
Conservation Law.
Solid waste discarded from single or multiple dwellings,
hotels, motels, campsites, public and private recreation areas and
other residential sources.
Property which is used for those uses permitted in the Elma
Town ordinances, § 144-88B.
Industrial/commercial waste pursuant to Environmental Conservation
Law § 27-0303 and such rules and regulations as may be promulgated
by the Department of Environmental Conservation (DEC) consistent therewith.
Property which houses a church, school, hospital, nursing
home or the like.
Any and all vehicles propelled or drawn by power, other than
muscular power, intended for use on public highways; any unregistered,
old or secondhand motor vehicle or trailer; any motor vehicle in such
condition or state of repair that it cannot be licensed immediately
without extensive repair; and any abandoned, junked, discarded, wholly
or partially dismantled motor vehicle no longer intended or in condition
for legal use on the public highways.
All waste which is not included in the definition of hazardous
waste.
All waste not included in the definition of recyclable waste.
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeo paper, duplication paper, magazines,
paperback books, school paper, catalogs, junk mail, computer paper,
telephone books and similar cellulose materials and newspaper, but
shall not mean wax paper, plastic or foil-coated paper, Styrofoam,
wax-coated food and beverage containers, carbon paper, blueprint paper,
food-contaminated paper, soiled paper and cardboard.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies, clubs,
fraternal orders and all other entities of any kind capable of being
sued.
All high-density polyethylene (HDPE) and polyethylene terephthalate
(PET) plastic clean of contaminants, with tops removed. If crushed,
these containers do not break. The following "plastic containers"
are acceptable: detergent bottles, plastic liquor bottles, peanut
butter jars, soda bottles, milk and juice containers, shampoo containers
and similar items. This term excludes all film, vinyl, foam plastic
containers, yogurt, cottage cheese and pudding-type containers, pens,
tops, bags and hard plastic containers or items.
Defined in the same manner as "can."
Corrugated cardboard.
Clear, green or amber food and beverage containers only.
Newspapers and magazines.
Plastic soda, juice and liquor bottles; plastic milk, water
and cider jugs; plastic laundry and dish detergent bottles; plastic
bleach bottles; and containers with the triangular arrow sign on the
bottom.
Those materials specified by the Town to be recycled. The
list of materials is specified in any recycling regulations generated
by resolution of the Town Board and may be reviewed as deemed necessary
by the Town Board, and generally consists of any material designated
from time to time by resolution of the Town Board which is separated
from the waste stream and held for its material recycling and reuse
value.
A facility designated by the Town for receiving and processing
one or more types of recyclable materials.
Any structure which is used primarily for dwelling and which
is in the geographic limits of the Town of Elma, when such structure
is used primarily for residence by the owners thereof and is not used
primarily to generate income. Should it be used to primarily generate
income, then it will be designated as commercial property.
All recyclables and nonrecyclables which make up the waste
stream. "Solid waste material" does not include material treated separately
as hazardous waste under § 27-0903 of the Environmental
Conservation Law; source, special nuclear or by-product material as
defined in the United States Atomic Energy Act of 1954; or low-level
radioactive waste as defined in § 29-0101 of the Environmental
Conservation Law.
The segregation of recyclable materials from the solid waste
stream at the point of generation for separate collection, sale or
other disposition.
Tires from cars, trucks and other motor vehicles.
The Town of Elma, Erie County, New York.
The duly elected and constituted legislative body of the
Town of Elma, New York.
That facility where persons and collectors, as defined herein,
transfer possession of solid waste to the Town for disposal or recycling.
Whether coniferous or deciduous, are disposable and recyclable
except for stumps of trees or brush which shall be disposed of as
"construction debris."
Major appliances such as refrigerators, freezers, water heaters,
stoves, washing machines, dryers and dishwashers. It shall also mean
metal heating or cooling systems and the components thereof.
Solid waste consisting of plant matter resulting from landscaping
activities, including but not limited to such items as lawn clippings,
tree trimmings, fallen leaves and weeds, but excluding tree and brush
parts.
All solid waste accumulated on any residential, commercial and
institutional property in the municipality must be collected, conveyed
and disposed of in accordance with the provisions of this article.
It shall be unlawful for any person to collect and/or dispose of any
solid waste within the Town of Elma except as provided in this article.
Solid waste generated or originated in the Town of Elma which
has been left for private collection shall be source-separated in
accordance with the regulations of the Town of Elma and shall be the
responsibility of the generator and the private collector of such
solid waste. Such private collectors shall provide the Town with a
copy of their plan to implement said source separation and recycling
not later than September 1, 1992, so that said plans may be reviewed
and thereafter incorporated in the Town regulations on recycling.
The Town of Elma will not accept at its transfer station any
hazardous waste.
It shall be a violation of this article for any person to place
in any container at the transfer station maintained by the Town of
Elma materials other than those which are nonhazardous, nonrecyclable
waste or recyclable waste. The following items will be placed in separate
bins provided by the Director of Sanitation at the transfer station
located in the Town of Elma:
A.Â
The Director of Sanitation shall determine, subject to the approval
of the Town Board, schedules for the collection of construction and
demolition debris, major appliances and large household furnishings.
B.Â
No person shall place or store construction and demolition debris
with nonhazardous recyclable or nonrecyclable waste. The person creating
construction and demolition debris shall remove the same and dispose
of the same in a sanitary manner.
C.Â
Any and all debris from work done by a contractor must be removed
by the contractor that did the work. The Town will not collect any
construction or demolition debris.
D.Â
All white goods or bulkies which are to be discarded from a residence
where the white goods or bulkies were actually in use shall be taken
to the transfer station. It shall be the sole responsibility of the
owner to dismantle the white goods or bulkies so that they will not
be a safety hazard to the public. In this respect, doors shall be
removed from the white goods before placing them at the transfer station.
E.Â
The Town shall have no obligation to pick up and remove any construction
and demolition debris, white goods or bulkies which are not used in
a residence in the Town of Elma.
F.Â
The Town employees and/or equipment shall not enter private property
or structures in making collections.
G.Â
Nothing herein shall prevent any person from making arrangements
for the private collection, sale or donation of recyclable materials.
A.Â
The Director of Sanitation is authorized to provide for the collection
of brush and tree parts at such times and in such manner that the
Town Board shall from time to time provide.
B.Â
The authorization provided in the preceding subsection shall apply
only to brush and tree parts produced by the individual activity or
efforts of the owner or occupant of the premises.
C.Â
Brush and tree parts produced by commercial contractors must be removed
from the premises by the contractor or by the owner or occupant of
the premises at his expense. Such brush and tree parts may not be
placed at or near the curb or street right-of-way, except temporarily
as may be necessary in the course of the work which produced the brush
and tree parts.
D.Â
The Town of Elma will not collect or remove brush or tree parts produced
by commercial contractors.
A.Â
The Director of Sanitation is authorized to provide for the collection
of yard waste at such time and in such manner as the Town Board shall
from time to time provide.
B.Â
The authorization provided for in the preceding subsection shall
apply only to yard waste produced by the individual activity or efforts
of the owner or occupant of the premises.
Tires shall be disposed of only at the Town transfer station
upon payment of a fee as may be determined from time to time by resolution
of the Town Board.
A.Â
All authorized collectors must obtain a solid waste collection license
from the Town of Elma. A fee for such license shall be set by the
governing body on an annual basis, and all licenses shall be issued
for the calendar year or such portion thereof. There shall be no reduction
in the fee for a license issued after the beginning of any calendar
year.
B.Â
An authorized collector sticker shall be prominently displayed on
each vehicle operated by or on behalf of the authorized collector.
C.Â
Authorized collector applications may be denied if the applicant
or licensee has been adjudged or administratively determined to have
committed one or more violations of this article during the preceding
calendar year.
D.Â
All authorized collectors licensed by the Town of Elma shall indemnify
and hold harmless the Town of Elma for any pending, threatened or
actual claims, liability or expenses arising from waste disposal by
the authorized collector in violation of this article.
E.Â
Authorized collectors shall offer collection of services for all
recyclable materials to all residential, commercial, industrial and
institutional customers from whom they provide solid waste collection
services.
F.Â
Each collector who shall apply for a license under this section shall
state the manner of collection and the place and method of disposal
of the solid waste and recyclable materials from its residential,
commercial, industrial and institutional customers.
G.Â
Monthly reports.
(1)Â
Each collector shall maintain separate monthly records of solid waste
and recyclable materials collected, transported or disposed of by
the authorized collector, which include the following information:
(a)Â
The municipality or geographical area and number of units in
which the solid waste or recyclable material was generated.
(b)Â
The quantity, by ton, of solid waste and of each type of recyclable
material collected.
(c)Â
The quantity, by ton, of recycled material delivered to a recycling
facility(s) and the location of the same.
(d)Â
The quantity, by ton, of solid waste delivered to each facility.
(2)Â
Reports containing the information required as stated above shall
be compiled and delivered to the Town Director of Sanitation or other
designated individual for each reporting period as designated by the
regulations; however, such reporting period shall be no more frequently
than quarterly.
H.Â
Authorized collectors shall not accept for collection solid waste
which has not been source-separated in conformity with this article.
A.Â
When the employees or officials designated by the Director of Sanitation
or the Director of Sanitation determines that a failure to comply
with this article has occurred, the Director of Sanitation shall recommend
to the municipality that the authorized collector application or license
be denied, suspended or revoked or its holder subjected to a reprimand
or fine or that the generator or originator of the solid waste or
recyclable materials be subject to sanctions, fines and penalties
as described herein. Notice and opportunity to be heard shall be provided
prior to the denial, suspension or revocation of a solid waste license
or authorized collector permit or the issuance of a sanction, fine
or penalty.
B.Â
Notice. The Director of Sanitation shall notify the effected generator,
applicant or licensee of the alleged failure, in writing.
C.Â
Hearing. A hearing shall be held before the Town Justice within a
reasonable period, which shall be at least 10 days after service of
the notice. The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine
witnesses. Within 20 days after the close of the hearing, the Town
Justice shall determine whether the alleged failure to comply with
this article has occurred; and if the Town Justice determines that
such a failure has occurred, decide whether the generator, applicant
or licensee shall be subject to a fine or penalty, or both, whether
the application shall be denied or an existing solid waste license
or authorized collector's status be suspended or revoked or its holder
subjected to a reprimand and issue an order carrying out this decision.
D.Â
Determinations, decisions and orders. Disposition may be made by
stipulation, agreed settlements, consent order, default or other informal
method. The Town Justice shall promptly notify the generator, applicant
or licensee, in writing, of the final determination, decision or order.
E.Â
Enforcement.
(1)Â
Inspections and appearance tickets. All portions of vehicles and
containers used to haul, transport or dispose of solid waste materials,
including such containers placed outside residential, commercial,
industrial and institutional sites, shall be subject to inspection
to ascertain compliance with this article.
No person shall cart to, dump or deposit any solid waste upon
any property in the Town except under the authorization, supervision
and direction of the Director of Sanitation. The Director of Sanitation,
a police officer or such other person as may be designated by the
Town Board is authorized and directed to enforce this section and
to cause collections to be made accordingly.
A.Â
During any 12 consecutive months, the failure of any person engaged
in the business of collecting solid waste and/or recyclable materials
or rendering solid waste and/or recycling services who is not authorized
by the Town or who collects, picks up, removes or causes to be collected,
picked up or removed solid waste or recyclable materials in a manner
not in compliance with this article shall be guilty of a violation,
punishable by a fine of not less than $200 and not exceeding the sum
of $1,000 or by imprisonment for a term not exceeding 15 days, or
both. Each day such violation occurs or continues shall constitute
a separate offense.
B.Â
A waste generator who fails to comply with the provisions of this
article shall be guilty of a violation, punishable as follows:
(1)Â
For the first violation: a written warning clearly stating the nature
of the violation and the schedule of fines for future violations.
(2)Â
For the second violation within one year: by a fine of not less than
$50 nor more than $100.
(3)Â
For the third violation within one year: by a fine of not less than
$100 nor more than $150.
(4)Â
For the fourth and each subsequent violation within one year: by
a fine of not less than $150 nor more than $300.
C.Â
Any penalties of damages recovered or imposed under this article
are in addition to any other remedies available at law or in equity.
D.Â
No penalties, fines, civil sanctions or other enforcement actions
will be commenced prior to January 1, 1993, in order to permit persons
regulated hereunder to come into compliance with this article.
